Hendricks v. Bettner

This is an appeal from a summary judgment for the defendants in a personal injury suit. The plaintiff, Hendricks, sued Richard Bettner, doing business as Bettner Tiling Service, for personal injuries Hendricks received on or about February 9, 1973, when his vehicle was struck by a vehicle driven by an employee of Bettner.

In his answer defendant Bettner (hereinafter referred to as defendant), besides denying the allegations as to his or his employee’s negligence, set up the affirmative defense that the plaintiff was also his employee and was, therefore, barred from maintaining this action by…